Los Angeles daily herald., 1887-01-26

Mr.. Brierly's Irrigation Ptnn

Mr. Brierly's Irrigation Pinn.
Assemblyman Brierly'snew scheme
for solving the problem OF correct
irrigation legislation may be the best
one that can be passed; but it pos
scsses two features which lessen its
value in our estimation. 1t creates q
cumbersome and high-cost commits
sion and remands the legislative re-
lief thst is demanded at once to an
indefinite future. The Briefly bill
creates commission composed OF
i've members, with salary OF $4,000
each per annum, who are to take tes-
timony, study the subject, digest all
the facts and points bearing on
irrigation legislation, and report the
result of their labors to the Legisla-
ture Of 1883. To this commission is
also attached the State Engineers
bureau, and this Of course means the
indefinite continuation of that bureau
with its chief at salary of sc, 6,000per
annum. 1t was understood, when
that bureau was created in 1877 that
its object was to obtain such data as
to the topography Of the State, its
water.courses and their capacity to
irrigate, as would give us pretty clear
ideas as to the character of laws
required on the subject of irri-
CATION. Indeed, the State En-
sineer himself has SO understood
the object OF the creation of his Office !;
tor, if we except what it has done
with reference to slickens, in the
northern streams, 1t has been wholly
concerned with the explorations and
surveys connected with the irrigation
problem. The reports OF the Engineer
have been almost entirely devoted to
the water subject, and the first volume
of bis three or four volumes of reports,
the publication OF which was provid-
ed for by special appropriation by the
Legislature of 1885, treats altogether
of laws and customs, ancient and
modern, of European and Asitaic
countries relating to the control and
distribution OF irrigating streams. To
be sure, during the time in which the
State Engineer had been engaged in
these labors, the Supreme Court has
launched decision which was unex-
pc cted, and which further compli-
Gates the subject; but We fail to see
that it is the best thing to do to add
to this Office commission of five gen.
tlemen, with unusually large salaries,
to try to throw new light en- the sub
ject of irrigation, and to sit as a
board to adjust whatever differences
may arise between riparian owners
and appropriating irrigators. The
fact is, no commission OF men,
however able or armed with
. pecial knowledge they may be, can
give this State system OF irrigation
laws complete in all respects and cer-
tain to meet the wants of the irrigat-
ing sections now and in the future.
We ehould learn the lesson that laws
follow customs-ihat necessity cre-
ates the laws required TO meet every
new emergency-and that a code OF
laws to be effective and beneficial
must be built up gradually as the cir
cumstanees develop the need of them.
With the recognition of the sover.
eighty OF the State over the waters oi
the State, and the laying down ol
such fundamental principles to gov.
ern distribution as would be obvious
ly right, we could safely leave all leg
islation touching the diversity Of de
tails connected with irrigation tt
slowly grow up as experience should
point out it's necessity. Ii the State
Engineers Office has failed in ter
years to give us positive light for
practical action upon the subject, the
proposed commission of five will hard
" succeed in two years in meeting
the expectations of the author of this
new bill.